ASLEEP AT WHEEL OF CAR.

Star (Christchurch), Volume XLIV, Issue 522, 3 August 1932, Page 7

ASLEEP AT WHEEL OF CAR.

Charge of Intoxication Laid Against a Traveller. ACCUSED CLAIMS HE WAS ILL. U T HAVE ALWAYS had a lot of time for the police, but after A this I’m finished with them.” The police allege that this statement was made by John Menzies, a traveller, aged thirty years, residing in St Albans Street, to Dr F. L. Scott last evening as Menzies was being examined by the doctor in the cells at the Central Station. Menzies, who was charged with being intoxicated while in charge of a motor-car in Papanui Road last evening, pleaded not guilty. After some evidence had been heard, the case was adjourned for evidence to be given, as to the man’s condition, by Dr IT. C. D. Acland. Menzies said that he luwd been ill and had either fainted or fallen asleep after stopping his car near Holly Road. He was very angry at being arrested on a charge of being intoxicated in charge of a car. After evidence had been heard in the afternoon, Menzies was convicted and fined £5 and costs.

Mr H. P. Lawry, S.M., heard the case, and Sub-Inspector Edwards appeared for the police. Menzies was represented by counsel. • The sub-inspector said that shortly before 10 p.m. a message was received as a result of which Constable W. J. Harper went to Papanui Road, near Holly Road, at 10.5 p.m. and found Menzies sitting at the wheel of a motorcar asleep. The constable looked in and noticed a strong smell of liquor. He shone his torch on Menzies’ face, and Menzies woke up. Constable John M’Leod also went to the scene, and both constables were of the opinion that Menzies was intoxicated. Menzies became very abusive. A taxi was called, and the accused was brought to the central station, where he refused to get out and had to be puffed out. Menzies asked for Dr Acland, who saw the accused at 11 p.m. and gave a certificate stating that he was not drunk. The sub-inspector added that if Menzies had not been in charge of a Car at 10.5 p.m. he would have been all right. At 11.35 p.m. Dr Scott saw the accused and said that he was sober at that time. " The Arm of the Law.” Constable Harper, of St Albans, said that Menzies’ speech was thick, and when he got out of the car he lurched. He adopted an aggressive attitude. He was asked three times after his arrival at the station to get out of the taxi, and refused, saying. ” Let the arm of the law do its work.” He had to be pulled out. Constable M’Leod said that Menzies was very argumentative. Counsel: If you were in a similar position, which God forbid, and you thought you had been wrongly accused, would you not be argumentative, or are you one of those strong, silent Scotsmen? Constable M’Leod: I suppose I would be. Counsel: Of course you would. Constable D. C. M’Phail said that he was in the watch-house when Menzies was brought in, and witness was of the opinion that Menzies was intoxicated. Dr Acland did not examine Menzies. Counsel: What’s that?

Continuing, witness said that Dr Acland just asked Menzies how many drinks he had had. Menzies said he had had two whiskies, and the doctor went away. When witness asked Menzies his name, Menzies told him to go and find out. The Magistrate: Did the doctor take his temperature or feel his pulse? Constable M’Phail: No. Sergeant T. Wolfindale gave corroborative evidence. Menzies told witness that he was the same as the rest of the policemen. Talking to the doctor, Menzies said: “I have always had a lot of time for the police, but after this I’m finished with them. I’m a ‘ bolshie ’ now’ and the memorial bridge will be blown up after this.” Counsel described the case as an extraordinary one. Menzies had been about the city in the afternoon but he did not feel well and went to the pictures. Afterwards he met a friend and had two whiskies and got into his car to go home. When he got to Holly Road he felt bad and stopped the car, not knowing if he was going to faint or not. The next he knew was that he was wakened about 10 p.m. by a constable and accusced of being intoxicated. He was very angry at that, under a sense of injustice. “It was quite true,” said counsel, “ that there was a barney at the police station.” Menzies was a cripple and it was not surprising that he lurched. Dr Acland’s standing in his profession was beyond any dispute and he knew when he went to the police station what he was there for. The fact that the doctor went to the cell, talked for a few minutes with Menzies and then walked out showed that there was not the slightest foundation for the assertion that Menzies was drunk, or even a suggestion of it. He was able to come to a conclusion straight away.

Evidence was given by Menzies on the lines of counsel’s address, and the case was adjourned until the afternoon.

Giving evidence in the afternoon. Dr Acland said that he took the view at the time he examined Menzies that i* was too long after the arrest to be of much assistance. He could tell that Menzies had had some liquor, but he gave a coherent account of what he had been doing.